ESSAY QUESTION..Explain? (1 Viewer)

[rkp]

um.... division and seperation of powers, NGO's, delegated powers (i guess), international law (yes it is not enforcable, but if countries want to look good on a world stage - which they do - they will ratify international law) ummmm our democartic form of government... human rights (again an image thing).... im not sure, just a few ideas. also the social, political, economic and cultural power of a nation state.... the australian constitution... lol thats all i can think of

 

[rr.dun.dun]

"Bad laws are the worst sort of tyranny" [Edmund Burke]

What mechanisms exist to prevent the law from becoming tyrannical?



Can anyone explain this please?

 

[Ahmed A]

im guessing
what stops law from becoming negative in society..
uno

i think its the whole ethics and morals thingz...
which topic is that from?

 

[xxJTxx]

errr...you could discuss a number of things, but your main line of argument should be based on and giving examples of:
division of power
separation of power
(Yes they are two different things, go read your textbook!).
that's about it really..they are the structures in place that protect the australian 'democractic freedom'...but also, i guess you can talk about the process of forming a statute/common law, and how they (as the other person said) only pass when they reflect moral standards...

 

[melsc]

It is asking what mechanisms are in place to prevent the law from arbitrary
Things like the:
Constitution - division of power
Bicameral parliament (i.e. upper houses providing checks and balances)
separation of powers
laws can be challanged if believed to be unconstitutional
Courts

 

[shona1990]

"Bad laws are the worst sort of tyranny" [Edmund Burke]

What mechanisms exist to prevent the law from becoming tyrannical?



Can anyone explain this please?

I think if you need other people to explain it to you, you don't have a huge chance of winning that competition...

 

[rr.dun.dun]

I think if you need other people to explain it to you, you don't have a huge chance of winning that competition...

I'm not doing the competition, just wanted the statement explained.

 

[Miliux]

"Bad laws are the worst sort of tyranny" [Edmund Burke]

What mechanisms exist to prevent the law from becoming tyrannical?



Can anyone explain this please?

the legal word is called "constructive ambiguity"

it is where words are dummed down to maximise membership to ratify international laws and for political correctness.

It explains why many well known instruments such as Kyoto Protocol are weak, because it has bent over backwards to gain maximum amount of state membership. However, there is catch 22. It sometimes dummed down so much that it contradicts the spirit of the instrument.